In EC competition law the introduction of an economic approach can be observed in the Community
case-law and decisions and notices published by the EC Commission. This has consequently affected
both on the substantive and procedural content of EC competition law. The purpose of this
dissertation is to examine how this development has influenced the content of article 81 (1) and
whether the role of article 81 (3) has become surplus to requirements. This analysis is divided in
three chapters. First, it looks at the economic debate behind EC competition law and the changing
policy aims. Secondly, it discusses whether the EC courts have adopted the American rule of reason
doctrine and what consequences this has for the function of article 81 (3). Lastly it considers whether
article 81 should be modified. The analysis is based on the examination of the CFI’s and the ECJ’s
published decisions, EC regulations and notices and relevant academic literature.